Battle Born - The New Album Fall 2012

Select Your Region:

Terms of Use

I. Introduction

The Services

This website (or other service) is operated by Sparkart Group, Inc. (“Sparkart” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site services provided by Sparkart (the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; Clique ID (described below); Mobile Services (described below); online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Sparkart site or other Service.

Included among the various Services is “Clique ID,” a common account system that makes it possible for you to use your e-mail address and a single password to register, sign-in, and conduct various online transactions on the Web sites, services and systems participating in the Clique ID system.

The Services may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to the Services via your mobile phone, (ii) the ability to receive and send messages, and (iii) the ability to browse the Services from your mobile phone (collectively, the “Mobile Services”). Whether or not Sparkart charges for some or all of these Mobile Services, your mobile telephone carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.

Age Requirements

In order to use the Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service. If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.

Legal Agreement Between You and Sparkart; Visitors and Registered Users

These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and Sparkart. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services. By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.

Modification of these Terms of Service

Sparkart may wish to update or change this TOS from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in Sparkart’s policies, or for other reasons. When we do, Sparkart will endeavor to provide notice to users in one or more of the following ways: (1) Sparkart will update the “last updated” date at the bottom of this TOS; (2) Sparkart may post notice of the update on the website or other Service; and/or (3) Sparkart may email notice of the update to the Registered Users. You understand that Sparkart reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.

Privacy Policy

You may be required to register to use the Services. By registering as a user of the Services, you will be automatically registered with a Clique ID. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. Sparkart agrees that it will use and/or disclose your personal information in accordance with the terms of the Privacy Policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.

II. E-commerce and Purchasing Terms

Purchasing Terms: Merchandise

As a user of a Sparkart Site or Sparkart Services, you have already agreed to these Purchasing Terms, which are also found in the Terms of Use. These Purchasing Terms describe the rules and policies associated with purchases of merchandise made on a Sparkart Site or through the Sparkart Services (for example, apparel, DVDs, CDs, posters, jewelry, books, stickers, etc.). By making a purchase of merchandise on a Sparkart Site or through the Sparkart Services, you signify your agreement to these Purchasing Terms. If you do not agree to all of these terms, you are not permitted to purchase any merchandise on a Sparkart Site or through the Sparkart Services. Ignorance of the terms is not a defense. You may contact Customer Service with any questions you may have regarding these terms.

Pricing and Payments

All prices are in US Dollars. Advance payment in full via Visa or MasterCard only is required. Prices are subject to change from time to time in Sparkart's sole discretion.

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

Shipping

Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Sparkart is not responsible for non-receipt of orders that have been deemed delivered. Sparkart is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.

Domestic Shipping (US): Our domestic carriers are USPS and FedEx. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx depends on the service selected. Shipping charges are determined by the number, weight, and type of items ordered and the shipping carrier and service selected. We do not ship COD.

International Shipping (Outside The US): Our international carrier is DHL Worldmail. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6). We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Sparkart, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

Refunds, Returns and Exchanges

After receiving the returned item/s, Sparkart will credit the customer's account for the original purchase price minus the $4.00 restocking fee. Sparkart will not refund original shipping & handling fees, return shipping & handling fees, or giftwrap fees except in case of manufacturer's defect. Sparkart will not refund any customer whose orders are not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Sparkart (see the Undeliverable Packages section below for details). Sparkart will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

Backorders

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).

If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Sparkart to:

Hold your entire order until the item or items that are out of stock are re-stocked; OR

Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Sparkart); OR

Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR

Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).

Sparkart will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

Unshipped Pre-orders

If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.

Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to Sparkart you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Sparkart will not re-ship any order that is classified as undeliverable and returned to us.

State Sales Tax

In accordance with state law, we are required to charge sales tax on orders shipped within the state of California. Sales tax is applied to the order total pre-tax, which includes shipping and handling and (if applicable) gift wrap. Sales tax is not applied to digital downloads.

Purchasing Terms: Tickets

Tickets Sales for Concerts or other Events

Except for VIP tickets in certain limited circumstances, ticket sales on a Sparkart Site or through the Services are operated by third-party vendors. As such, Sparkart is not responsible for any issues that may arise regarding such ticket sales. Please contact the ticket vendor for customer support associated with such ticket sales.

In certain limited circumstances, VIP ticket packages are sold on a Sparkart Site or through the Services directly from Sparkart. For such limited circumstances, please review the “VIP Tickets Sold by Sparkart” section below.

With respect to all tickets (whether sold directly by Sparkart or through a third party vendor), Sparkart makes no guarantees that tickets will be available to members or other users of a Sparkart Site or through the Services. Any available tickets will be made available on a first-come, first-serve basis for select performances only, and Sparkart does not represent or warrant that tickets will be available for every concert or event date, or for every user. Sparkart makes no guarantees with respect to the availability of tickets nor does Sparkart make any warranties or representations with respect to any tickets received. All events are subject to cancellation or postponement without notice. Please consult with the relevant venue for seating information prior to purchase and any changes to the show schedule.

VIP Tickets Sold by Sparkart

In certain limited circumstances, VIP ticket packages are sold on a Sparkart Site or through the Services directly from Sparkart. For such limited circumstances, these terms apply.

Pricing and Payments. All prices are in US Dollars unless otherwise indicated. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Sparkart’s sole discretion.

Order Processing. Before purchasing VIP tickets, carefully review your event, your seat selection, and your shipping address. All VIP ticket orders are processed as soon as they are received and cannot be cancelled, changed, or combined.

Shipping. Any merchandise package included in your VIP ticket package will be shipped by the carrier chosen and in the timeframe specified during checkout. Merchandise packages shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. VIP ticket purchasers with an international shipping address are responsible for any and all duties and taxes that may be incurred upon delivery of their merchandise package. If you refuse to pay duties or taxes, your merchandise package will be returned to Sparkart, will not be re-shipped, and no refund will be given.

Refunds, Returns and Exchanges. There are no refunds, returns, or exchanges. All sales are final: Sparkart will not issue exchanges or refunds after a VIP ticket has been purchased or for lost, stolen, damaged, or destroyed VIP tickets. Sparkart is not responsible for and will not reship or issue refunds or exchanges for any VIP ticket merchandise packages that are (a) not received but deemed delivered or (b) not received due to failure to properly submit an accurate and complete shipping address during the checkout procedure or (c) not received as they were classified as undeliverable by the shipping carrier and returned to Sparkart.

You agree that you will not attempt to evade, avoid, or circumvent this policy in any manner with regard to VIP tickets you purchased. Without limiting the generality of the foregoing, you will not contact Sparkart to seek a refund or exchange and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase VIP tickets from the Site. Should you do so, your VIP tickets may be cancelled, and Sparkart may, in its sole discretion, refuse to honor pending and future VIP ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

License; Ejection and Cancellation; No Redemption Value. Event providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the event provider’s rules. Breach of terms or rules will terminate your license to attend the event without refund.

You Are Subject to Search. You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.

Cancelled / Postponed Events. Occasionally, events are canceled or postponed by the promoter, artist or venue. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. Sparkart typically only offers refunds and/or exchanges based on the promoter's, artist's or venue's instructions. Sparkart is not obligated to issue a refund except to the extent that the promoter, artist, or venue responsible for bringing you the event (1) instructs us to issue a refund, and (2) provides us with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the promoter's, artist's or venue's instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the promoter's, artist's or venue's discretion.

If (1) the merchandise package included in your VIP ticket package has shipped to you and (2) the associated event is canceled or postponed by the promoter, artist or venue and (3) Sparkart issues you a refund for your VIP ticket, Sparkart will issue a refund of a percentage of the total amount paid, excluding shipping & handling; such percentage depends, in part, upon the respective values of the ticket and the merchandise included, and will be determined by Sparkart in its sole discretion. If (1) your VIP ticket package does not include a merchandise package or the merchandise package included in your VIP ticket package has not shipped to you and (2) the associated event is canceled or postponed by the promoter, artist or venue and (3) Sparkart issues you a refund for your VIP ticket, Sparkart will issue a refund of 100% of the total amount paid, including shipping & handling If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Sparkart will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.

State Sales Tax. In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pretax total, including shipping and handling (where required) and gift wrap (where required and if applicable).

Customer Service. Our customer service office is open from 10am - 6pm PST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.

Gift Certificate Terms and Conditions

Policies

Gift Certificates, and their purchase and use, are subject to these Terms and Conditions for Gift Certificates, as well as this site’s Purchasing Terms for Merchandise, and this site’s general Terms Of Service. Where the terms of these Terms and Conditions for Gift Certificates directly conflict with any of the foregoing terms, these terms shall control as it pertains specifically to Gift Certificate purchase or use. As used herein, “you” and “your” refer to the Gift Certificate’s purchaser and/or recipient, as applicable.

Purchasing and Account Credit

Upon purchasing a “Gift Certificate,” the purchaser will be asked to identify the recipient and the recipient’s email address. A code will then be emailed to the recipient’s email address, as designated by the purchaser of the Gift Certificate (Please note that no physical gift certificate or gift card is created or used.) When the recipient goes to this site to redeem the Gift Certificate, the recipient submits the code, and the recipient’s account will be credited with the amount of the Gift Certificate. Gift Certificates are not available for purchase for under $10.00.

Redemption

Gift Certificates are redeemable only online and only at this site. Recipient’s purchases at this site will be deducted from the Gift Certificate balance. The balance will be applied to all charges related to the recipient’s orders until the balance is zero. Any unused balance will remain in the recipient’s Gift Certificate account. If an order exceeds the amount in the Gift Certificate account, the difference must be paid with a credit card or other permitted payment method. To view Gift Certificate balances, visit the “Your Account” (or similar area) on this site.

Fees

There are no special fees associated with the purchasing or redeeming of Gift Certificates.

Limitations

Gift Certificates are redeemable only online and only at this site. Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates and Gift Certificate balances cannot be resold, transferred, redeemed for cash, or applied to any other account, except to the extent required by law.

Expiration; Discontinuation

Gift Certificates do not expire. However, if this site shuts down or discontinues at any time, for any reason, with or without notice, then any remaining balance in your Gift Certificate account will be forfeited, without refund. To minimize that risk, it is recommended that you do not leave any balance in your Gift Certificates account.

Risk of Loss

The risk of loss and title for Gift Certificates pass to the purchaser (or the purchase’s designated recipient, as applicable) upon our electronic transmission of the Gift Certificate code to the purchaser (or purchaser’s designated recipient, whichever is applicable). We are not responsible if a Gift Certificate, or the associated code, or any password associated with the recipient’s account, are lost, stolen, destroyed or used without your permission.

Fraud

We reserve the right to close a customer account and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make a purchase on the this site.

Limitation of Liability

THIS SITE AND ITS OWNERS, OPERATORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Customer Service

Our customer service office is open from 10am - 6pm PST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.

General Terms

These Gift Certificate terms and conditions may be changed from time to time in the discretion of the owners or operators of this site. All terms and conditions are applicable to the extent permitted by law.

Purchasing Terms: Subscriptions

Pricing and Payments

All prices are in US Dollars. Prices are subject to change from time to time in Sparkart’s sole discretion. The subscription or membership fee represents the price of the subscription or membership and not the price of the membership welcome package or other complimentary merchandise, which (if included) is included free with the purchase of the membership or subscription. Sparkart will accept payment via MasterCard or Visa, and sometimes American Express only if so specified on the site. In the event of a credit card chargeback, your subscription will be placed on hold and made inaccessible until resolution of the chargeback, and there will be no credit or refund for the period that your subscription is inaccessible. Mail-in payments are accepted for the purchase of certain subscriptions and memberships, but only if so specified on the applicable site. Where mail-in payment is permitted, it must be in the form of cashier’s check or money order; please do not mail cash or personal checks.

Order Processing

Orders for Subscription Services paid by credit card are processed immediately and cannot be cancelled or changed once they have been processed. Where mail-in payments are permitted, orders paid by mail-in payments may take four to six weeks to process. Please ensure that the shipping address you provide during the signup procedure is accurate and complete before placing your fan club membership or other subscription order. Your shipping address cannot be changed once your order has been processed.

Shipping

Any membership welcome package or complimentary merchandise that may accompany a fan club membership or other subscription will be shipped 6-8 weeks from the time of purchase where available. The typical delivery timeframe is 8-10 weeks from the time of purchase. If you have not received your delivery within ninety (90) days from the purchase date, please contact Customer Service. If you have not received your delivery, you must contact us after ninety (90) days and before 120 days from the purchase date or we will not be obligated to re-ship the merchandise. Subscribers with an international shipping address are responsible for any and all duties and taxes that may be incurred upon delivery. If you refuse to pay duties or taxes, your package will be returned to Sparkart, will not be re-shipped, and no refund will be given.

Any membership welcome package or complimentary merchandise which accompanies a fan club membership or other subscription will be deemed delivered when the shipping company provides confirmation that the package has been successfully delivered to the shipping address you provided during the signup procedure. Sparkart is not responsible for non-receipt of membership welcome packages or complimentary merchandise that have been deemed delivered. Sparkart is also not responsible for non receipt of membership packages or complimentary merchandise if you did not properly submit your correct and complete shipping address during the signup procedure.

Refunds, Returns and Exchanges

Fan club membership sales (and all other Sparkart Site and Sparkart Service subscription sales) are final: there are no refunds, returns, exchanges or credits for memberships or subscriptions or associated membership welcome packages for any reason, including, but not limited to, the inability to purchase pre-sale tickets or inability to purchase preferred seats. Fan club memberships (and all other Sparkart Site and Sparkart Service subscription purchases) include only access to the fan club (or other subscription-based Sparkart Site or Sparkart Service). Any physical merchandise that may accompany a fan club membership or other subscription is a gift, and no refunds or credits will be issued due to non-receipt of such physical merchandise, and such physical merchandise may not be returned or exchanged for any reason.

Undeliverable Packages

If for any reason any membership welcome package or complimentary merchandise associated with the purchase of a subscription service is classified as undeliverable and returned to Sparkart, we will not issue a refund and will not re-ship.

Ticket Sales for Concerts or other Events

Except for VIP tickets in certain limited circumstances, ticket sales on a Sparkart Site or through the Sparkart Services are operated by third-party vendors. As such, Sparkart is not responsible for any issues that may arise regarding such ticket sales. Please contact the ticket vendor for customer support associated with such ticket sales.

In certain limited circumstances, VIP ticket packages are sold on a Sparkart Site or through the Sparkart Services directly from Sparkart. For such limited circumstances, please review the “VIP Tickets Sold by Sparkart” section of the Terms of Service.

With respect to all tickets (whether sold directly by Sparkart or through a third party vendor), Sparkart makes no guarantees that tickets will be available to members or other users of a Sparkart Site or through the Sparkart Services. Any available tickets will be made available on a first-come, first-serve basis for select performances only, and Sparkart does not represent or warrant that tickets will be available for every concert or event date, or for every user. Sparkart makes no guarantees with respect to the availability of tickets nor does Sparkart make any warranties or representations with respect to any tickets received. All events are subject to cancellation or postponement without notice. Please consult with the relevant venue for seating information prior to purchase and any changes to the show schedule.

Customer Service

Our customer service office is open from 10am - 6pm PST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.

III. Community Standards

You Are Responsible For Activities on Your Account

If you are given a password to access the Sparkart Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Sparkart immediately of any unauthorized use of your account. Sparkart is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Please choose carefully the information you post via the Sparkart Services or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Sparkart users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Sparkart assumes no responsibility or liability for this material. If you become aware of misuse of the Sparkart Services by any person, please contact Customer Service.

Sparkart is a Service Provider

Sparkart is a service provider; we do not control various aspects of the Sparkart Services. By agreeing to these terms and conditions, you acknowledge that Sparkart is a service provider that may allow people to interact online, discuss topics and/or post content of their own choosing. Generally, Sparkart does not regulate the content or communications posted by or between users using the Sparkart Services. Sparkart has limited control, if any, over the type of content posted within the Sparkart Services.

Prohibited Uses

You agree that you will not: (i) use the Sparkart Services for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the Sparkart Services in any manner that could damage, disable, overburden, or impair the Sparkart Services or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any Sparkart user account, computer systems or networks associated with the Sparkart Services; or (iv) obtain or attempt to obtain any materials or information through the Sparkart Services by any means not intentionally made available or provided for.

Prohibited Content

You agree not to post, submit, upload or otherwise display prohibited content on or through the Sparkart Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the Sparkart Services. Sparkart reserves the right to investigate and take appropriate legal action against anyone who, in Sparkart’s sole discretion, violates this provision, including without limitation, removing the offending communication from Sparkart Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, in the sole discretion of Sparkart:

Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;

Harasses, bullies or advocates harassment or bullying of another person;

Exploits people in a sexual or violent manner;

Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;

Solicits personal information from anyone under 18;

Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;

Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;

Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on or via the Sparkart Services. Sparkart reserves the right to investigate and take appropriate legal action against anyone who, in Sparkart’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);

Exporting encryption software over the Internet or otherwise to points outside the United States;

Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;

Any automated use of the system, such as using scripts to add friends or send comments or messages;

Interfering with, disrupting, or creating an undue burden on the Sparkart Services or the networks or services connected to the Sparkart Services;

Attempting to impersonate another user or person;

Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;

Selling or otherwise transferring your profile;

Using any information obtained from the Sparkart Services in order to harass, abuse, bully, or harm another person;

Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sparkart Services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR

Using the Sparkart Services in a manner inconsistent with any and all applicable laws and regulations.

Spam

You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Sparkart Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Sparkart users from such advertising or solicitation, Sparkart reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which Sparkart deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Sparkart Services, you acknowledge that you will have caused substantial harm to Sparkart, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Sparkart $50 for each such unsolicited email or other unsolicited communication you send through the Sparkart Services.

User Disputes

You are solely responsible for your interactions with other users of Sparkart Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Community Applications

The Sparkart Services may include use of an email account or emailing, chatting, instant messaging, blogging, commenting, message board activity and/or other forms of online and/or electronic communication (individually and collectively “Community Applications”). Your use of the Community Applications is subject to the Terms of Service.

You understand that Sparkart is not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Community Applications, and that your use of the Community Applications is at your own risk. Any and all Community Applications are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

Sparkart is in no way liable for any claims arising from your use of any Community Applications. As a condition of your use, you agree to indemnify Sparkart for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Applications. Sparkart reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Applications; to limit, terminate or suspend your use of the Community Applications; and to assess charges for the use of the Community Applications in the future.

Moderator Rights and Responsibilities

Some Community Applications may involve moderators (“Moderators”). Sparkart may, but is not required to, use Moderators on some of the Community Applications. Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. They also reserve the right to handle all Moderator issues privately.

Please remember that Moderators are also users and are dedicating their time to preserving the integrity of the site for every user’s enjoyment. Please make sure you treat them with the respect they deserve.

All correspondence with Moderators should include your username, email address and detailed explanation of the problem encountered.

Moderators are not employees of Sparkart or the band, celebrity, recording artist, performing artist, public figure, brand or other client of Sparkart, or of any other party; they work as volunteers to help ensure the success of the online community.

Please send any complaint you have to one of the Moderators. If they are unable to rectify the situation, they will contact site management.

User Decorum and Standard of Care

This website (or other Sparkart Service) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact a Moderator or Sparkart Customer Service immediately.

Duration of Disciplinary Actions

The length of a ban will be determined in the sole discretion of the Moderator and management. The level of severity and degree of disruption caused by the offense will be considered. If a banned user returns to the Community Application with a new account, that account may also be banned. Other users posting for banned users may result in disciplinary action on the posting user. All bans shall occur without refund.

Posting

You are cautioned not to post your own personal information in the interest of safety. You should not post your address, telephone number, or anything that might put you at risk. Sparkart is not responsible for monitoring this information, and Sparkart is not liable for any consequences that may result from the exchange of this information.

Sparkart does not police copyright violations. If any user is reported to have violated copyrighted material, Sparkart is not liable for any damages resulting from such violation. Additionally, the violating user is subject to ban as a result of posting copyrighted material without authorization. For further information on this topic, please review the “Copyright Policy” section below.

If applicable, please ensure that your discussion thread title properly describes your post. The Moderators do not have time to read every thread and may move something based on the thread title.

If you would like to start a new discussion thread, please take the time to see if there is already a discussion thread started for that topic. Duplicate threads may be locked and the original will remain.

Please make every attempt to post in the correct forum. The Moderators may move threads not posted in the proper area.

Do not use another user’s name in your thread title unless it is a positive post.

Internet etiquette states that UPPER CASE letters are shouting. Unless it is something urgent, please use lower case letters when adding new discussions.

If you start a discussion thread and then regret your decision, within a reasonable time, you may ask to have the thread deleted. If the deletion of the thread will not adversely affect another user, the Moderator may delete the thread provided the request is not unreasonable.

Please post in English only. The Moderators may be capable of moderating only in English and may delete any posts that are in any language other than English.

Always provide the proper link when posting articles so that credit is given to the proper source.

Please refrain from spreading rumors, particularly about Sparkart or the band, celebrity, artist, performer or other public figure or brand that this site may be about. If you did not receive the information you are posting from a credible source, please do not post it. Moderators reserve the right to delete any posts they believe to contain false information. Please do not disparage or cast in a negative light Sparkart, the Sparkart Services, or the band, celebrity, artist, performer or other public figure or brand that this site may be about.

By submitting or posting text, photos, video, sound recordings, artwork, designs, software, data, or any other materials (“Your Materials”), you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the Sparkart Services, in connection with any advertisements and promotions, and for any other purpose for which Sparkart chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to Sparkart or the Sparkart Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Sparkart and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to Sparkart’s use of Your Materials, including but not limited to any uses of Your Materials that generate revenue for Sparkart or a third party. Sparkart is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at Sparkart’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the Sparkart Services.

Sparkart may delete any of Your Materials that in the sole judgment of Sparkart violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Sparkart assumes no responsibility for monitoring the Sparkart Services or Sparkart Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time Sparkart chooses, in its sole discretion, to monitor the Sparkart Services or Sparkart Site, Sparkart nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. Sparkart does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by Sparkart prior to posting and do not necessarily reflect the opinions or policies of Sparkart. Sparkart makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.

Content Available on the Sparkart Services

The Sparkart Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Sparkart Services (all of these things are commonly referred to as “Content”) are owned exclusively by Sparkart or others who have licensed their material to Sparkart. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the Sparkart Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Service are reserved by Sparkart (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the Sparkart Services are owned by Sparkart or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Sparkart for which money damages would be inadequate and in such event Sparkart will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Sparkart to terminate, without refund, user privileges of any user who infringes the copyright rights of others upon receipt of proper notification to Sparkart by the copyright owner or the copyright owner's legal agent.

Please note Sparkart is a service provider that operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512).

If you are a copyright owner or agent thereof and believe that any user generated content infringes upon your copyright(s), You may submit a notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sparkart’s Designated Copyright Agent assigned to receive notifications may be contacted as follows:

You acknowledge that if you fail to comply with all of the requirements listed above and described in detail in 17 U.S.C. 512 (c)(3), then your DMCA notice may not be valid.

If you posted content on the Sparkart Service and it was removed due to a DMCA notice filed against you, you may protest the content removal if you believe you own the copyright for the content you posted by filing a counter-notice. You may submit a counter-notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (g)(3)):

A physical or electronic signature of the subscriber (note: the person or entity that posted the material is considered the “subscriber”);

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notice to remove the material, or an agent of such person.

You acknowledge that if you fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (g)(3) that your DMCA counter-notice may not be valid.

Customer Support

Sparkart may provide information about how to use the Sparkart Services. If you have any questions about the Sparkart Services or any problems that you would like to report, please contact Customer Support. We endeavor to answer all enquiries within two (2) business days, but please allow longer.

IV. Additional Terms and Conditions

Technical Requirements

In order to use the Services, we recommend the hardware and software specified below. Sparkart is not responsible for any failure to operate the Sparkart Services resulting from you not using the recommended hardware and software.

Computer:

Any computer with the Windows (versions XP, Vista, or higher) or Mac OS X (version Tiger 10.4 or higher) operating system; and

Web Browser Software:

In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser's documentation for information on how to enable these features.

Cookies

Javascript

Adobe Flash Player Plug-in version 10.0 or higher

Personal and Non Commercial Use Only

You may use the Sparkart Services for your own personal and non-commercial purposes only. Each Sparkart account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Sparkart account to access the Sparkart Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Sparkart Services except as expressly provided in this TOS.

Illegal and/or unauthorized use of Sparkart Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Sparkart Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Sparkart Site. Except as expressly authorized per a written agreement with Sparkart, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Sparkart reserves the right to remove them from user profiles or other areas of a Sparkart Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Sparkart Services.

Delay or Failure to Provide Services

Sparkart is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of Sparkart’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Sparkart client or their management to make materials available to Sparkart in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

Third-Party Sites

Sparkart Sites contain links to other websites controlled or operated by persons and companies other than Sparkart (“Linked Sites”). The Linked Sites are not under the control of Sparkart and Sparkart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sparkart is not responsible for web casting or any other form of transmission received from any Linked Site, nor is Sparkart responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Sparkart of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Sparkart Services or are identified on Sparkart Sites, including the delivery of and payment for goods and services.

Your Feedback and Suggestions Submitted To Sparkart

Sparkart wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that Sparkart needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Sparkart, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Sparkart and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Sparkart’s use of the materials contained within such feedback or suggestions. Sparkart is under no obligation to post or use any materials you may provide and may remove such materials at any time at Sparkart’ sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Sparkart Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.

Software Available on the Sparkart Services

All software (if any) that is made available to view and/or download from the Services (“Software”) is owned by and is the copyrighted work of Sparkart and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Sparkart hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Sparkart Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Sparkart and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Sparkart for which money damages would be inadequate and in such event Sparkart will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

SPARKART AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SPARKART SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPARKART AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL SPARKART, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SPARKART SERVICES, WITH THE DELAY OR INABILITY TO USE THE SPARKART SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SPARKART SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SPARKART SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SPARKART OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SPARKART SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPARKART SERVICES. In no event will Sparkart’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Sparkart Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Termination and Restriction of Access

Sparkart reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Sparkart Services or any portion thereof at any time, without prior notice. Sparkart may also terminate or suspend your access to the Sparkart Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Sparkart. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Sparkart Services, Sparkart will not terminate your access to the Sparkart Services prior to the expiration of your subscription period without good cause. Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular site or other Service for which you purchased a subscription. If your Sparkart Services subscription is terminated for good cause, or if you cancel your Sparkart Services subscription prior to the expiration of the subscription period for any reason, Sparkart will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your Sparkart account, your right to use the Sparkart Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Sparkart shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the Sparkart Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to shows and events, Sparkart reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Sparkart Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.

Dispute Resolution: BINDING ARBITRATION

Any dispute or controversy between you and Sparkart (or any assignee or other successor-in-interest of Sparkart) in any way arising out of, related to, or connected with this TOS, the Privacy Policy, or the Sparkart Services, shall be resolved through final and binding arbitration in Oakland, California. In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, Sparkart shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies. You and Sparkart agree that any dispute between you and Sparkart shall be limited to the dispute between Sparkart and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Miscellaneous

This TOS is governed by the laws of the State of California, U.S.A, without regard to its rules pertaining to conflicts of laws. Sparkart makes no representation that materials on a Sparkart Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Sparkart Site or use Sparkart Services from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sparkart as a result of this TOS or use of the Sparkart Services. You may not assign this TOS without the prior written consent of Sparkart. Sparkart may assign this TOS, in whole or in part, at any time. Sparkart’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of Sparkart’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sparkart Services or information provided to or gathered by Sparkart with respect to such use. You agree to indemnify and hold Sparkart, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Sparkart Services. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Sparkart with respect to the Sparkart Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sparkart with respect to the Sparkart Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

“Sparkart”, “Clique”, and “Clique ID” are trademarks and service marks of Sparkart Group, Inc. The company, product, and brand names of companies, products and services mentioned herein or on a Sparkart Site or Sparkart Service may be the trademarks and service marks of their respective owners.

Sparkart Group, Inc. has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Sparkart Services or on a Sparkart Site. Except as expressly provided in this TOS, the provision of the Sparkart Services and the display of Sparkart Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Consumer Notice

Sparkart Group, Inc. is a California corporation. Pursuant to California Civil Code § 1789.3, Sparkart Group, Inc. sets forth the following: (a) the address of Sparkart Group, Inc. is P.O. Box 1346, Oakland, CA, 94604; (b) the fees and charges imposed on consumers of Sparkart Group, Inc. vary depending on the services you choose; and (c) if you have any complaints about Sparkart Group, Inc. or wish to receive further information about Sparkart Group, Inc., please contact Customer Service. For complaints against Sparkart Group, Inc., you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by (1) visiting www.dca.ca.gov/about_dca/contactus.shtml; (2) sending an email to dca@dca.ca.gov; (3) calling (800) 952-5210; or (4) writing to Department of Consumer Affairs, Consumer Information Division,1625 North Market Blvd., Suite N 112Sacramento, CA 95834.